Article 9.36 - Solid Waste Incineration

Solid Waste Incineration, materials that are neither hazardous not infectious, is permitted in the SP District subject to a Special Use Permit, according to the procedures of Section 11.4.10.

The Town board shall issue a Special Use Permit for the subject facility in the SP District if, but not unless, the evidence presented at the Special Use Permit hearing establishes:

.1 That the proposed use will not endanger the public health and safety, nor substantially reduce the value of nearby property; and

.2 That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area; and

.3 That the incineration units(s) will be constructed and operated in compliance with environmental regulations, both current and future, as annotated in the United States Code of Federal Regulations, particularly Chapter 40, which deals with environmental regulations, as amended by the State of North Carolina and Mecklenburg County Department of Environmental Protection; and

.4 That all storage, handling, incineration, and loading facilities will be located at least 200 feet from any exterior property line and at least 1,250 feet from any lot located in a residential or mixed use district or developed for residential, institutional, or mixed use; and

.5 That structures, off-street parking and service areas will be separated by a 100 foot buffer from all adjacent properties and shielded by an opaque screen from the view from all public streets.

.6 That active use portions of the site will be entirely fenced with nonclimbable fencing material to a height of at least six feet, which shall be installed on the interior of the buffer; and

.7 That vehicular access to the operation will be provided only by way of a designated thoroughfare; and

.8 That all surface water and groundwater on the property shall be protected so as to minimize to the greatest extent possible the potential for contamination; and

.9 That the site will be served by a publicly operated sewage disposal system and all sanitary sewer and storm water management systems on the property will be protected so as to minimize to the greatest extent possible the potential for contamination.

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